SYLVESTER v. ABDALLA

9405-03221; CA A84923.

903 P.2d 410 (1995)

137 Or. App. 26

Stephen SYLVESTER and Linda Sylvester, Respondents-Cross-Appellants, v. M. Hassan ABDALLA, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided September 27, 1995.


Attorney(s) appearing for the Case

Margaret Fiorino, Portland, argued the cause for appellant-cross-respondent. With her on the briefs was Fiorino & Vacura.

Curtis D. Kinsley, Portland, argued the cause for respondents-cross-appellants. With him on the brief was Banton & Kinsley, P.C.

Before DEITS, P.J., and De MUNIZ and ARMSTRONG, JJ.


De MUNIZ, Judge.

Defendant appeals a judgment for plaintiffs entered on an arbitrator's award pursuant to ORS 36.300 et seq. Plaintiffs cross-appeal from the court's failure to award them attorney fees after they successfully resisted defendant's exception to the arbitrator's award. We affirm on the appeal and reverse and remand on the cross-appeal.

On October 7, 1993, defendant submitted an offer, on a preprinted "Sale Agreement and Receipt for Earnest...

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